Was Your Baby Injured During Labour? Here’s What You Need to Know

Was Your Baby Injured During Labour? Here’s What You Need to Know

Every woman experiences labour differently. Some women are lucky enough just to have a few hours of work, whereas others end up having to labour for hours and then have a C-section after all of that!

Regardless of how rough or smooth a woman’s labour is, there’s always the possibility that their baby can be injured during delivery. If your baby was injured during delivery, there are some essential things you need to know:

  • What some of the most common injuries to a baby are during labour
  • What can cause these injuries during labour
  • What kind of damages am I eligible for if my baby was injured during labour?

Due to the potential lifelong impact of an injury during labour on a baby, you must consult a birth injury lawyer if your baby was injured at all during childbirth. A birth injury lawyer can help you act quickly and support you every step of the way with your case.

What are some of the most common injuries that can happen to a baby during labour?

There are a variety of conditions or issues that a baby can have if it is injured during labour. This is a list of some of the most common ones – a birth injury lawyer can provide you with a detailed list of all possible birth injury conditions:

  • Erb’s palsy – this is a condition that can cause problems with arm weakness and loss of motion
  • Cerebral palsy – A disorder that can affect someone’s ability to move and maintain their balance.
  • An injury to the brachial plexus. The brachial plexus is a set of nerve fibres whose job is to support the skin and musculature of the upper limb. Any injury to the brachial plexus can cause issues with either weakness or a loss of feeling in someone’s shoulder, hands, or arms. od pooling under the scalp or a swollen head or scalp
  • Blood clots or hemorrhaging.
  • A swollen head or scalp.
  • Facial paralysis. Depending on the severity of the facial paralysis, your baby may have issues with blinking, eating, or making sounds.
  • Fractured bones or damaged spinal cord.
  • Shoulder dystocia (a fetal shoulder obstruction causes this)
  • Injuries to the brain due to a lack of oxygen.
  • Umbilical cord injuries

Some of these injuries or conditions will be immediately apparent, whereas others can take longer to manifest. This is why it’s so important to consult a birth injury lawyer, as a birth injury lawyer can help you determine what signs or symptoms you should look for to confirm if your baby has a birth injury or not.

What are some of the most common causes of birth injuries?

Birth injuries can happen for a variety of reasons, including:

  • Medical staff not providing an adequate level of medical care.
  • Medical staff not following the appropriate medical protocols for your specific birth situation.
  • Unqualified staff providing care before, during, or after the birth of your child.
  • A mother or baby is given the wrong medication or the wrong dose of a medicine.
  • Any medical staff member does not pick up your baby correctly – e.g. they pick up the baby without supporting its head.
  • Medical staff not correctly monitoring fetal distress or delaying a C-section too long.
  • Labour equipment (e.g. forceps) is improperly used.

If you feel any of these situations happened to your or your baby before, during, or after birth, consult a birth injury lawyer.

What kind of damages am I eligible for if my baby was injured during labour?

If your baby was injured during birth, you might feel your sole focus should be on taking care of your baby. And while this is undoubtedly very important – it’s also essential to make sure that you have the resources to properly take care of your baby if they were injured due to any negligence by your medical team.

This is where a birth injury lawyer can step in so you can focus on your baby. A birth injury lawyer can help get you compensation for a variety of damages, including:

  • Medical expenses can add up. You may be covered for current, future, and even past medical expenses.
  • Pain and suffering
  • Expenses related to your child being disabled – from special modifications required to your home to a loss of future earnings (either for yourself or your child).

How can Sommers Roth and Elmaleh help me if I need a birth injury lawyer?

We are one of the leading medical malpractice law firms, and as birth injury lawyers, we have successfully litigated numerous cases where birth injuries impacted clients.

While most women do not have complications during labour, they can arise and end up causing an injury to either the mother, the baby, or both of them.

As birth injury lawyers, we can talk to you about:

  • What kind of medical professionals can be held responsible for a birth injury, including obstetricians, nurses, midwives, and ultrasound technicians.
  • The long-term impacts of obstetrical malpractice include neurological injuries, brain damage, life-long disabilities such as cerebral palsy or epilepsy, hearing loss, and visual impairment.
  • Why it’s so important to start working with a birth injury lawyer right away, not all birth injuries are immediately apparent, nor are parents always informed that their baby may have been injured during a complicated birth. A birth injury lawyer can help you ask the right questions and get you access to the evidence and documentation you need.

If Your Baby Was Injured During Labour You Need a Birth Injury Lawyer

Now you know some of the most common issues and conditions that a baby can suffer from if they were injured during birth and why it’s so important to consult a birth injury lawyer right away.

Our compassionate birth injury lawyers will explain how they can help you and what kind of damages you may be entitled to. Contact us today for a free consultation with a birth injury lawyer – you can call us at 416-961-1212 or contact us online.

Hilik Elmaleh

Hilik practices in the area of civil litigation, with a particular focus on medical malpractice and personal injury litigation. he is a member of the law society of Ontario, the Canadian bar association, the American association for justice, the medical-legal society of Toronto and the Toronto lawyers association.

Hilik has been selected for inclusion in best lawyers Ontario and best lawyers Canada and is ranked as a leading practitioner in medical negligence law by expert, the Canadian legal expert directory.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
You pay us nothing unless we win.

A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.